Terms & ConditionsRevised 10 November 2020
These EchoJet Terms and Conditions govern the services provided by EchoJet Limited to You in respect of aircraft charter services organised by Echojet Limited on Your behalf.
As a condition of booking with Us, You will be required to confirm acceptance of these EchoJet Terms and Conditions.
The collection, processing, and use of personal data by Us are subject to the terms of Our privacy policy, available at www.echojet.co.uk
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, in these EchoJet Terms and Conditions:
"Aircraft" means any aircraft for the time being operated by an Operator in respect of an Itinerary;
"Booking" means a booking made by You by means of the Website or by telephone or email and is the subject of a Booking Confirmation;
"Booking Confirmation" means the confirmation We provide to You confirming Your name, the Itinerary and Aircraft booked on Your behalf;
"Booking Request" means the Booking Request signed by You and submitted to Us confirming Your instructions to Us to book the Itinerary and Aircraft as specified therein;
"Charter Price" means the price payable by You to Us for the charter of an Aircraft in respect of an Itinerary, including Our remuneration. Unless We otherwise confirm in writing, the Charter Price shall not include (i) catering, other services (including any ground transport and transfers by air), (ii) any increase in costs after the date of the Booking Confirmation, including fuel, air passenger duty, security costs, aviation insurance premiums, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and de-icing, (iii) airfield fire category upgrades, weather-related or hangar costs, access to VIP lounges and terminals, fuel stops or out- of- normal-hours airport charges or (iv) (where applicable) VAT (or equivalent or similar taxes levied in jurisdictions other than the United Kingdom) which shall be payable by You;
"Claims" has the meaning provided in Clause 7.4;
"Conditions of Carriage" means the Operator’s standard terms and conditions or (as may be applicable) general conditions of carriage for passengers and baggage;
"EchoJet", "We", "Us" and "Our" refer to Echojet Limited registered in England and Wales with company no. 12205541 and whose registered office is at Chancery House, 30 St Johns Road, Woking, England GU21 7SA;
"EchoJet Parties" has the meaning provided in Clause 7.1;
"Empty Leg Charter" means a charter of an Aircraft for a flight that depends wholly on the operation of a separate charter flight for a third-party charterer;
"Itinerary" means the flight or series of flights booked by You through Us and shall include departure and arrival points, any intermediate stopping points and departure and arrival times;
"Operator" means the third-party independent licensed air transport undertaking that is the actual operator of an Aircraft in respect of the Itinerary as specified in the Booking Confirmation;
"Operator Contract" means the contract between You as principal and the Operator as principal under which the Aircraft is made available to You for the performance of the Itinerary, and shall include the Conditions of Carriage and any applicable rules and regulations of the Operator, and which We enter into on Your behalf as Your agent;
"Parties" means Us and You;
"Passenger" means any person other than cabin or flight crew being carried on an Aircraft at any stage of an Itinerary;
"Supplemental Invoice" means an invoice for any costs, charges or expenses which arise out of the performance of the Itinerary but which fall outside the scope of the Charter Price;
"You" and "Your" refer to the person making an enquiry of Us with a view to making a Booking and, upon a Booking being made, the person making such a Booking and named by Us in the Booking Confirmation; and
"Website" means the EchoJet website at www.echojet.co.uk
1.2 In these EchoJet Terms and Conditions:
1.2.1 except where the context requires otherwise, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.2.2 headings are included for convenience only and shall not affect interpretation.
1.3 In so far as it may relate to the relationship between You and Us, if there is any conflict between these EchoJet Terms and Conditions and the Operator Contract, these EchoJet Terms and Conditions shall prevail.
2. ECHOJET AS BROKER
2.1 We agree to act as Your broker to arrange air charter services on Your behalf with one or more Operators.
2.2 You agree that:
2.2.1 in providing Our services to You, We act solely as Your agent and the intermediary between You and Operators in arranging aircraft charters;
2.2.2 We are not an air carrier, We do not own, operate or maintain aircraft, nor are We a common carrier;
2.2.3 our engagement by You under these EchoJet Terms and Conditions does not constitute a contract of carriage by air;
2.2.4 We are not a contracting carrier for the purposes of the Montreal Convention 1999;
2.2.5 all flights booked through Us are provided by Operators, with the contract of carriage in respect of such flights being entered into directly between an Operator and You (with Us acting as Your agent);
2.2.6 carriage shall at all times be subject to the Operator Contract the terms of which (save for the remuneration of the Operator) We shall make available to You on request;
2.2.7 You are of sufficient legal age and capacity to enter into legally binding agreements, including these EchoJet Terms and Conditions; and
2.2.8 You shall without delay draw these EchoJet Terms and Conditions to the attention of all Passengers.
3. BOOKING AND PAYMENT TERMS
3.1 When You submit an enquiry for an aircraft charter, or an Empty Leg Charter, We will use Our reasonable endeavours to quote an Itinerary and Charter Price accordingly.
3.2 Your acceptance of the Charter Price is deemed to occur upon the receipt by Us of a Booking Request submitted by You.
3.3 Payment of the Charter Price (and any applicable VAT) shall be made by You as follows:
3.3.1 where the Itinerary commences within 30 days of the Booking Request, 100% (one hundred percent) of the Charter Price; or
3.3.2 as a deposit, 30% (thirty percent) of the Charter Price or any such higher amount as may be dictated by the requirements of the relevant Operator, where the Itinerary commences more than 30 days after the Booking Request; the balance of the total Charter Price must be paid no later than 30 (thirty) days prior to the commencement of the Itinerary, failing which We may (in Our absolute discretion) cancel the Booking and refund any deposit received less a service charge We make equivalent to 7.5% of the Charter Price and less any cancellation fees due to the Operator in accordance with the Operator Contract.
3.4 Subject to the continued availability of the Aircraft, following receipt of the Booking Request pursuant to Clause 3.2, We will issue You with a Booking Confirmation.
3.5 If You cancel Your Booking, We match Our cancellation terms with those of the Operator, as advised by Us at the time of Booking, plus a service fee of 7.5% of the Charter Price. Cancellation charges are payable by You on demand.
3.6 We cannot guarantee the operation of an Empty Leg Charter. If the separate charter service giving rise to the empty leg is cancelled or for any other reason is not operated, the Empty Leg Charter will also be cancelled. In such circumstances We will endeavour to inform You of such cancellation without delay, and You will be entitled to a full refund of all funds paid to Us for the Empty Leg Charter.
3.7 If an Operator informs us of changes to an Itinerary (including the departure time(s)), We shall endeavour to inform You of such changes. If You request any change(s) to the Itinerary or other arrangements set out in the Booking Confirmation, including but not limited to the addition of Passengers or amendments to scheduled departure time(s), and such changes can be accommodated, additional charges may be payable. You must pay any such additional charges on demand, failing which no such changes will be permitted.
3.8 We may issue a Supplemental Invoice following completion of the Itinerary, which shall be settled on demand by You.
4. ADMINISTRATION
4.1 You and any Passengers shall be solely responsible for arriving at the specified check-in point at the departure airport by the time specified in the Booking Confirmation as required by the Operator. All Passengers must comply with any and all rules of the Operator regarding baggage restrictions, the carriage of animals and conduct on board the Aircraft. We shall be under no liability whatsoever, nor shall We be under any obligation, to make alternative travel arrangements for You and any Passengers in the event of any disruption to the Itinerary resulting from any failure to comply with such rules. If We do in Our discretion decide to assist You in making alternative travel arrangements, all costs incurred by Us in doing so shall be payable by You on demand.
4.2 You must provide Us with all necessary information and assistance, including the identity of all Passengers, when We request it so that the Operator can issue any necessary traffic documents and complete arrangements for the performance of the Itinerary.
4.3 You and any Passengers are responsible for obtaining all necessary travel documents and visas (including, if applicable, pet passports) and for complying with all applicable customs, police, public health, immigration and other lawful regulation, laws, orders, demands, instructions and travel requirements in countries of departure, arrival or transit. All travel documents (including, if applicable, pet passports) shall be presented sufficiently in advance of the departure time to complete departure procedures. We shall have no liability whatsoever for Your or any Passenger’s failure to comply with this Clause 4.3.
4.4 You must ensure that at all times We hold Your current contact details, including but not limited to telephone numbers (landline and mobile) and a monitored email address. We shall have no liability whatsoever for any losses sustained by You on account of Our inability to contact You using the contact details You have provided. We shall have no obligation to contact individual Passengers, other than You, about any matter concerned with any flight or any other part of any Itinerary.
4.5 You shall comply in all respects with the conditions of all permits, licences and authorities granted for the performance of the Itinerary and shall procure such compliance on the part of all Passengers.
4.6 If You do not to use one or more flights forming part of an Itinerary, You shall not be entitled to any refund from Us (partial or otherwise).
4.7 You acknowledge and agree that in accordance with national and international laws the captain is in command of the Aircraft and every person on board must obey his or her lawful commands. The captain may take all necessary measures and give directions with regard to safety at any time, including but not limited to making decisions as to payload (passengers, luggage and cargo), planned route, flight timings, the suitability of weather conditions for safe flight, any landing destination and conduct on board the Aircraft.
5. DISRUPTIONS TO ITINERARY
5.1 If an Itinerary is disrupted owing to an Aircraft being diverted to an alternate airport, being forced to return to the point of departure or suffering a technical failure, We shall use Our reasonable endeavours to source an alternative means of transport for the completion of the Itinerary by the original Operator or an alternative Operator or other transport provider. In arranging any such alternative transport with an alternative Operator or other transport provider We will act solely as Your agent, with such transport being subject to the terms and conditions of the relevant Operator or transport provider. Unless otherwise agreed by Us, the cost of any such alternative transport shall be for Your account, with any such costs to be settled in full prior to the commencement of any such alternative transport.
5.2 If (i) an Aircraft is detained (whether lawfully or otherwise) by any third party (including but not limited to detention by any governmental, aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise) whereby making completion of the Itinerary impossible; or (ii) the Operator of the relevant Aircraft has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority, appointed over all or part of its assets or business of the Operator and as a result the Operator is unable to perform the Itinerary at the same cost; or (iii) the Operator becomes insolvent, enters into voluntary liquidation, or is compulsorily wound up; We shall use Our reasonable endeavours to source an alternative Operator which is able to perform the Itinerary (or remaining parts thereof) at a similar cost. You may accept or decline any such alternative transport. If You decline, or if no alternative transport is available, You will be entitled to a refund from Us of all funds paid in relation to the Itinerary except for monies which have already been paid to the Operator, for which Your sole recourse is against the Operator. If such an offer is accepted by You, You shall, unless otherwise agreed by Us, be liable for any associated costs exceeding the balance (if any) of funds still unpaid by Us.
6. PAYMENT
6.1 We accept the following payment methods:
6.1.1 bank transfers;
6.1.2 debit or credit cards where We specify that such method is available;
6.1.3 such online payment systems as advised on the Website from time to time or otherwise by Us in writing.
6.2 All prices will be quoted and payments must be settled in pounds sterling (GBP), euros (EUR) or United States dollars (USD) (as applicable).
6.3 All sums payable to Us pursuant to these EchoJet Terms and Conditions, including the Charter Price and any Supplemental Invoice, shall be payable in full, and You shall be responsible for any bank transfer fees and exchange charges.
6.4 If payment is to be made by You by debit or credit card, You acknowledge that a transaction limit may apply, in which case We will inform You of an appropriate method for payment of the balance due.
6.5 You shall pay all sums due under these EchoJet Terms and Conditions (including the Charter Price and any Supplementary Invoice) in full without any right of set-off, deduction or counterclaim.
7. LIABILITY AND INDEMNITY
7.1 Save as otherwise provided in these EchoJet Terms and Conditions, and to the fullest extent permitted by law, We and Our shareholders, officers, directors, affiliates, agents, contractors, attorneys and third-party service providers and each of their respective employees (together "EchoJet Parties") shall have no liability whatsoever for any death, injury, loss, claim, accident, damage, delay or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, in any way arising out of or in connection with any air travel or other services booked through Us, including but not limited to:
7.1.1 any errors or delays in responding to any charter request;
7.1.2 breakdown of the Aircraft or its equipment or any hardware, software or transaction malfunction;
7.1.3 the failure by the Operator to hold, obtain or maintain, or any withdrawal, cancellation, revocation or suspension of, any licence, designation, permit, permission, approval, clearance or other authority or qualification necessary (whether or not required by any applicable law) for the performance of the Itinerary;
7.1.4 the performance, partial performance, non-performance or delayed performance of (i) the Itinerary by the Operator or (ii) any alternative transport arranged by Us, including any accident or incident occurring during the course of carriage;
7.1.5 any act, default, neglect, omission or negligence of the Operator, any alternative transport provider or any of their respective employees or agents;
7.1.6 any act, default, neglect, omission or negligence of You or Passengers.
7.2 You agree that Your sole remedy for claims arising out of performance or non-performance of the Itinerary or any part thereof shall be against the Operator.
7.3 If, notwithstanding the provisions of this Clause 7, the EchoJet Parties have any liability to You, such liability shall (to the fullest extent permitted by law) not exceed a sum equivalent to the Charter Price.
7.4 To the fullest extent permitted by law, You shall hold harmless and indemnify the EchoJet Parties from and against all claims, demands, judgments, liens, penalties, remedies, awards, liabilities, actions, damages, proceedings, costs and expenses (including, but not limited to, legal costs) of whatsoever nature (together "Claims") and howsoever and whensoever arising out of or in connection with Our services, including but not limited to:
7.4.1 any breach by You of these EchoJet Terms and Conditions;
7.4.2 any Claims by the Operator in relation to cancellation fees payable under the Operator Contract;
7.4.3 Your carriage or that of any other Passengers, including as a result of any non-compliance by You or any Passenger with (i) these EchoJet Terms and Conditions (ii) the Operator Contract or (iii) any other applicable rules and regulations;
7.4.4 damage to an Aircraft caused by You or any Passengers or their animals;
7.4.5 the performance or non-performance of the Itinerary;
7.4.6 any breach or default under the Operator Contract;
7.4.7 any other losses being the subject of Clauses 7.1.1–7.1.6 above save that an EchoJet Party shall not be held harmless or entitled to any indemnification in relation to Claims arising out of its own gross negligence or wilful misconduct.
7.5 Strictly without prejudice to any other rights they may have, the EchoJet Parties expressly reserve any and all rights available at law to seek recourse against Passengers for any Claims arising out of their carriage on an Aircraft.
7.6 If a third party accesses the Website or makes any enquiries or Booking Requests or decisions on Your behalf, You shall hold harmless and indemnify the EchoJet Parties from and against all Claims howsoever and whensoever arising out of or in connection with that third party’s use of the Website, enquiries, Booking Requests or decisions.
8. GENERAL
8.1 These EchoJet Terms and Conditions set out the entire agreement and understanding between the Parties with respect to the charter of aircraft arranged or to be arranged by Us. Neither Party has relied upon representations made to it by the other Party, whether written or oral, except as is expressly contained in these EchoJet Terms and Conditions.
8.2 No failure by Us to exercise and no delay by Us in exercising any power, right or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any power, right or privilege shall preclude any other or further exercise thereof or the exercise of any other power, right or privilege. The rights and remedies provided hereunder are cumulative and are not exclusive of any rights or remedies provided by law.
8.3 You shall not be entitled to assign Your benefits under these EchoJet Terms and Conditions.
8.4 We may at any time amend these EchoJet Terms and Conditions in Our absolute discretion provided that existing Bookings shall remain subject to the EchoJet Terms and Conditions in force at the time of the Booking.
8.5 Time shall be of the essence in respect of Your performance of Your obligations under these EchoJet Terms and Conditions.
8.6 It is agreed that all the terms of these EchoJet Terms and Conditions which benefit the EchoJet Parties are intended to benefit the EchoJet Parties and that the EchoJet Parties, or any of them, may, under the Contracts (Rights of Third Parties) Act 1999, enforce all such terms of these EchoJet Terms and Conditions for their own benefit. Save as aforesaid a person who is not a Party to these EchoJet Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.
8.7 The Charter Price, payment terms and other commercial terms contained in the Booking Confirmation are confidential to the Parties and may only be disclosed to third parties with Our prior written approval.
9. GOVERNING LAW AND JURISDICTION
9.1 These EchoJet Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law.
9.2 The courts of England shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these EchoJet Terms and Conditions, provided that We shall be entitled to take proceedings relating to these EchoJet Terms and Conditions in any other jurisdiction.
As a condition of booking with Us, You will be required to confirm acceptance of these EchoJet Terms and Conditions.
The collection, processing, and use of personal data by Us are subject to the terms of Our privacy policy, available at www.echojet.co.uk
1. DEFINITIONS AND INTERPRETATION
1.1 Unless the context otherwise requires, in these EchoJet Terms and Conditions:
"Aircraft" means any aircraft for the time being operated by an Operator in respect of an Itinerary;
"Booking" means a booking made by You by means of the Website or by telephone or email and is the subject of a Booking Confirmation;
"Booking Confirmation" means the confirmation We provide to You confirming Your name, the Itinerary and Aircraft booked on Your behalf;
"Booking Request" means the Booking Request signed by You and submitted to Us confirming Your instructions to Us to book the Itinerary and Aircraft as specified therein;
"Charter Price" means the price payable by You to Us for the charter of an Aircraft in respect of an Itinerary, including Our remuneration. Unless We otherwise confirm in writing, the Charter Price shall not include (i) catering, other services (including any ground transport and transfers by air), (ii) any increase in costs after the date of the Booking Confirmation, including fuel, air passenger duty, security costs, aviation insurance premiums, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and de-icing, (iii) airfield fire category upgrades, weather-related or hangar costs, access to VIP lounges and terminals, fuel stops or out- of- normal-hours airport charges or (iv) (where applicable) VAT (or equivalent or similar taxes levied in jurisdictions other than the United Kingdom) which shall be payable by You;
"Claims" has the meaning provided in Clause 7.4;
"Conditions of Carriage" means the Operator’s standard terms and conditions or (as may be applicable) general conditions of carriage for passengers and baggage;
"EchoJet", "We", "Us" and "Our" refer to Echojet Limited registered in England and Wales with company no. 12205541 and whose registered office is at Chancery House, 30 St Johns Road, Woking, England GU21 7SA;
"EchoJet Parties" has the meaning provided in Clause 7.1;
"Empty Leg Charter" means a charter of an Aircraft for a flight that depends wholly on the operation of a separate charter flight for a third-party charterer;
"Itinerary" means the flight or series of flights booked by You through Us and shall include departure and arrival points, any intermediate stopping points and departure and arrival times;
"Operator" means the third-party independent licensed air transport undertaking that is the actual operator of an Aircraft in respect of the Itinerary as specified in the Booking Confirmation;
"Operator Contract" means the contract between You as principal and the Operator as principal under which the Aircraft is made available to You for the performance of the Itinerary, and shall include the Conditions of Carriage and any applicable rules and regulations of the Operator, and which We enter into on Your behalf as Your agent;
"Parties" means Us and You;
"Passenger" means any person other than cabin or flight crew being carried on an Aircraft at any stage of an Itinerary;
"Supplemental Invoice" means an invoice for any costs, charges or expenses which arise out of the performance of the Itinerary but which fall outside the scope of the Charter Price;
"You" and "Your" refer to the person making an enquiry of Us with a view to making a Booking and, upon a Booking being made, the person making such a Booking and named by Us in the Booking Confirmation; and
"Website" means the EchoJet website at www.echojet.co.uk
1.2 In these EchoJet Terms and Conditions:
1.2.1 except where the context requires otherwise, the masculine gender shall include the feminine and vice versa and the plural shall include the singular and vice versa;
1.2.2 headings are included for convenience only and shall not affect interpretation.
1.3 In so far as it may relate to the relationship between You and Us, if there is any conflict between these EchoJet Terms and Conditions and the Operator Contract, these EchoJet Terms and Conditions shall prevail.
2. ECHOJET AS BROKER
2.1 We agree to act as Your broker to arrange air charter services on Your behalf with one or more Operators.
2.2 You agree that:
2.2.1 in providing Our services to You, We act solely as Your agent and the intermediary between You and Operators in arranging aircraft charters;
2.2.2 We are not an air carrier, We do not own, operate or maintain aircraft, nor are We a common carrier;
2.2.3 our engagement by You under these EchoJet Terms and Conditions does not constitute a contract of carriage by air;
2.2.4 We are not a contracting carrier for the purposes of the Montreal Convention 1999;
2.2.5 all flights booked through Us are provided by Operators, with the contract of carriage in respect of such flights being entered into directly between an Operator and You (with Us acting as Your agent);
2.2.6 carriage shall at all times be subject to the Operator Contract the terms of which (save for the remuneration of the Operator) We shall make available to You on request;
2.2.7 You are of sufficient legal age and capacity to enter into legally binding agreements, including these EchoJet Terms and Conditions; and
2.2.8 You shall without delay draw these EchoJet Terms and Conditions to the attention of all Passengers.
3. BOOKING AND PAYMENT TERMS
3.1 When You submit an enquiry for an aircraft charter, or an Empty Leg Charter, We will use Our reasonable endeavours to quote an Itinerary and Charter Price accordingly.
3.2 Your acceptance of the Charter Price is deemed to occur upon the receipt by Us of a Booking Request submitted by You.
3.3 Payment of the Charter Price (and any applicable VAT) shall be made by You as follows:
3.3.1 where the Itinerary commences within 30 days of the Booking Request, 100% (one hundred percent) of the Charter Price; or
3.3.2 as a deposit, 30% (thirty percent) of the Charter Price or any such higher amount as may be dictated by the requirements of the relevant Operator, where the Itinerary commences more than 30 days after the Booking Request; the balance of the total Charter Price must be paid no later than 30 (thirty) days prior to the commencement of the Itinerary, failing which We may (in Our absolute discretion) cancel the Booking and refund any deposit received less a service charge We make equivalent to 7.5% of the Charter Price and less any cancellation fees due to the Operator in accordance with the Operator Contract.
3.4 Subject to the continued availability of the Aircraft, following receipt of the Booking Request pursuant to Clause 3.2, We will issue You with a Booking Confirmation.
3.5 If You cancel Your Booking, We match Our cancellation terms with those of the Operator, as advised by Us at the time of Booking, plus a service fee of 7.5% of the Charter Price. Cancellation charges are payable by You on demand.
3.6 We cannot guarantee the operation of an Empty Leg Charter. If the separate charter service giving rise to the empty leg is cancelled or for any other reason is not operated, the Empty Leg Charter will also be cancelled. In such circumstances We will endeavour to inform You of such cancellation without delay, and You will be entitled to a full refund of all funds paid to Us for the Empty Leg Charter.
3.7 If an Operator informs us of changes to an Itinerary (including the departure time(s)), We shall endeavour to inform You of such changes. If You request any change(s) to the Itinerary or other arrangements set out in the Booking Confirmation, including but not limited to the addition of Passengers or amendments to scheduled departure time(s), and such changes can be accommodated, additional charges may be payable. You must pay any such additional charges on demand, failing which no such changes will be permitted.
3.8 We may issue a Supplemental Invoice following completion of the Itinerary, which shall be settled on demand by You.
4. ADMINISTRATION
4.1 You and any Passengers shall be solely responsible for arriving at the specified check-in point at the departure airport by the time specified in the Booking Confirmation as required by the Operator. All Passengers must comply with any and all rules of the Operator regarding baggage restrictions, the carriage of animals and conduct on board the Aircraft. We shall be under no liability whatsoever, nor shall We be under any obligation, to make alternative travel arrangements for You and any Passengers in the event of any disruption to the Itinerary resulting from any failure to comply with such rules. If We do in Our discretion decide to assist You in making alternative travel arrangements, all costs incurred by Us in doing so shall be payable by You on demand.
4.2 You must provide Us with all necessary information and assistance, including the identity of all Passengers, when We request it so that the Operator can issue any necessary traffic documents and complete arrangements for the performance of the Itinerary.
4.3 You and any Passengers are responsible for obtaining all necessary travel documents and visas (including, if applicable, pet passports) and for complying with all applicable customs, police, public health, immigration and other lawful regulation, laws, orders, demands, instructions and travel requirements in countries of departure, arrival or transit. All travel documents (including, if applicable, pet passports) shall be presented sufficiently in advance of the departure time to complete departure procedures. We shall have no liability whatsoever for Your or any Passenger’s failure to comply with this Clause 4.3.
4.4 You must ensure that at all times We hold Your current contact details, including but not limited to telephone numbers (landline and mobile) and a monitored email address. We shall have no liability whatsoever for any losses sustained by You on account of Our inability to contact You using the contact details You have provided. We shall have no obligation to contact individual Passengers, other than You, about any matter concerned with any flight or any other part of any Itinerary.
4.5 You shall comply in all respects with the conditions of all permits, licences and authorities granted for the performance of the Itinerary and shall procure such compliance on the part of all Passengers.
4.6 If You do not to use one or more flights forming part of an Itinerary, You shall not be entitled to any refund from Us (partial or otherwise).
4.7 You acknowledge and agree that in accordance with national and international laws the captain is in command of the Aircraft and every person on board must obey his or her lawful commands. The captain may take all necessary measures and give directions with regard to safety at any time, including but not limited to making decisions as to payload (passengers, luggage and cargo), planned route, flight timings, the suitability of weather conditions for safe flight, any landing destination and conduct on board the Aircraft.
5. DISRUPTIONS TO ITINERARY
5.1 If an Itinerary is disrupted owing to an Aircraft being diverted to an alternate airport, being forced to return to the point of departure or suffering a technical failure, We shall use Our reasonable endeavours to source an alternative means of transport for the completion of the Itinerary by the original Operator or an alternative Operator or other transport provider. In arranging any such alternative transport with an alternative Operator or other transport provider We will act solely as Your agent, with such transport being subject to the terms and conditions of the relevant Operator or transport provider. Unless otherwise agreed by Us, the cost of any such alternative transport shall be for Your account, with any such costs to be settled in full prior to the commencement of any such alternative transport.
5.2 If (i) an Aircraft is detained (whether lawfully or otherwise) by any third party (including but not limited to detention by any governmental, aviation or airport authority, overflight authority or by way of lien or requisition for hire or otherwise) whereby making completion of the Itinerary impossible; or (ii) the Operator of the relevant Aircraft has an administrator, receiver, trustee or other similar person acting on behalf of a lawful authority, appointed over all or part of its assets or business of the Operator and as a result the Operator is unable to perform the Itinerary at the same cost; or (iii) the Operator becomes insolvent, enters into voluntary liquidation, or is compulsorily wound up; We shall use Our reasonable endeavours to source an alternative Operator which is able to perform the Itinerary (or remaining parts thereof) at a similar cost. You may accept or decline any such alternative transport. If You decline, or if no alternative transport is available, You will be entitled to a refund from Us of all funds paid in relation to the Itinerary except for monies which have already been paid to the Operator, for which Your sole recourse is against the Operator. If such an offer is accepted by You, You shall, unless otherwise agreed by Us, be liable for any associated costs exceeding the balance (if any) of funds still unpaid by Us.
6. PAYMENT
6.1 We accept the following payment methods:
6.1.1 bank transfers;
6.1.2 debit or credit cards where We specify that such method is available;
6.1.3 such online payment systems as advised on the Website from time to time or otherwise by Us in writing.
6.2 All prices will be quoted and payments must be settled in pounds sterling (GBP), euros (EUR) or United States dollars (USD) (as applicable).
6.3 All sums payable to Us pursuant to these EchoJet Terms and Conditions, including the Charter Price and any Supplemental Invoice, shall be payable in full, and You shall be responsible for any bank transfer fees and exchange charges.
6.4 If payment is to be made by You by debit or credit card, You acknowledge that a transaction limit may apply, in which case We will inform You of an appropriate method for payment of the balance due.
6.5 You shall pay all sums due under these EchoJet Terms and Conditions (including the Charter Price and any Supplementary Invoice) in full without any right of set-off, deduction or counterclaim.
7. LIABILITY AND INDEMNITY
7.1 Save as otherwise provided in these EchoJet Terms and Conditions, and to the fullest extent permitted by law, We and Our shareholders, officers, directors, affiliates, agents, contractors, attorneys and third-party service providers and each of their respective employees (together "EchoJet Parties") shall have no liability whatsoever for any death, injury, loss, claim, accident, damage, delay or any special, punitive, exemplary, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, in any way arising out of or in connection with any air travel or other services booked through Us, including but not limited to:
7.1.1 any errors or delays in responding to any charter request;
7.1.2 breakdown of the Aircraft or its equipment or any hardware, software or transaction malfunction;
7.1.3 the failure by the Operator to hold, obtain or maintain, or any withdrawal, cancellation, revocation or suspension of, any licence, designation, permit, permission, approval, clearance or other authority or qualification necessary (whether or not required by any applicable law) for the performance of the Itinerary;
7.1.4 the performance, partial performance, non-performance or delayed performance of (i) the Itinerary by the Operator or (ii) any alternative transport arranged by Us, including any accident or incident occurring during the course of carriage;
7.1.5 any act, default, neglect, omission or negligence of the Operator, any alternative transport provider or any of their respective employees or agents;
7.1.6 any act, default, neglect, omission or negligence of You or Passengers.
7.2 You agree that Your sole remedy for claims arising out of performance or non-performance of the Itinerary or any part thereof shall be against the Operator.
7.3 If, notwithstanding the provisions of this Clause 7, the EchoJet Parties have any liability to You, such liability shall (to the fullest extent permitted by law) not exceed a sum equivalent to the Charter Price.
7.4 To the fullest extent permitted by law, You shall hold harmless and indemnify the EchoJet Parties from and against all claims, demands, judgments, liens, penalties, remedies, awards, liabilities, actions, damages, proceedings, costs and expenses (including, but not limited to, legal costs) of whatsoever nature (together "Claims") and howsoever and whensoever arising out of or in connection with Our services, including but not limited to:
7.4.1 any breach by You of these EchoJet Terms and Conditions;
7.4.2 any Claims by the Operator in relation to cancellation fees payable under the Operator Contract;
7.4.3 Your carriage or that of any other Passengers, including as a result of any non-compliance by You or any Passenger with (i) these EchoJet Terms and Conditions (ii) the Operator Contract or (iii) any other applicable rules and regulations;
7.4.4 damage to an Aircraft caused by You or any Passengers or their animals;
7.4.5 the performance or non-performance of the Itinerary;
7.4.6 any breach or default under the Operator Contract;
7.4.7 any other losses being the subject of Clauses 7.1.1–7.1.6 above save that an EchoJet Party shall not be held harmless or entitled to any indemnification in relation to Claims arising out of its own gross negligence or wilful misconduct.
7.5 Strictly without prejudice to any other rights they may have, the EchoJet Parties expressly reserve any and all rights available at law to seek recourse against Passengers for any Claims arising out of their carriage on an Aircraft.
7.6 If a third party accesses the Website or makes any enquiries or Booking Requests or decisions on Your behalf, You shall hold harmless and indemnify the EchoJet Parties from and against all Claims howsoever and whensoever arising out of or in connection with that third party’s use of the Website, enquiries, Booking Requests or decisions.
8. GENERAL
8.1 These EchoJet Terms and Conditions set out the entire agreement and understanding between the Parties with respect to the charter of aircraft arranged or to be arranged by Us. Neither Party has relied upon representations made to it by the other Party, whether written or oral, except as is expressly contained in these EchoJet Terms and Conditions.
8.2 No failure by Us to exercise and no delay by Us in exercising any power, right or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any power, right or privilege shall preclude any other or further exercise thereof or the exercise of any other power, right or privilege. The rights and remedies provided hereunder are cumulative and are not exclusive of any rights or remedies provided by law.
8.3 You shall not be entitled to assign Your benefits under these EchoJet Terms and Conditions.
8.4 We may at any time amend these EchoJet Terms and Conditions in Our absolute discretion provided that existing Bookings shall remain subject to the EchoJet Terms and Conditions in force at the time of the Booking.
8.5 Time shall be of the essence in respect of Your performance of Your obligations under these EchoJet Terms and Conditions.
8.6 It is agreed that all the terms of these EchoJet Terms and Conditions which benefit the EchoJet Parties are intended to benefit the EchoJet Parties and that the EchoJet Parties, or any of them, may, under the Contracts (Rights of Third Parties) Act 1999, enforce all such terms of these EchoJet Terms and Conditions for their own benefit. Save as aforesaid a person who is not a Party to these EchoJet Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.
8.7 The Charter Price, payment terms and other commercial terms contained in the Booking Confirmation are confidential to the Parties and may only be disclosed to third parties with Our prior written approval.
9. GOVERNING LAW AND JURISDICTION
9.1 These EchoJet Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law.
9.2 The courts of England shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these EchoJet Terms and Conditions, provided that We shall be entitled to take proceedings relating to these EchoJet Terms and Conditions in any other jurisdiction.
